[Federal Register Volume 60, Number 166 (Monday, August 28, 1995)]
[Rules and Regulations]
[Pages 44415-44416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21188]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 166 / Monday, August 28, 1995 / Rules 
and Regulations  


[[Page 44415]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 95-026-1]


Pink Bollworm Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the pink bollworm regulations by removing 
portions of Clay, Crittenden, and Mississippi Counties in Arkansas from 
the list of suppressive areas for pink bollworm. We are taking this 
action because trapping surveys show that the pink bollworm no longer 
exists in these areas. This action is necessary to relieve unnecessary 
restrictions on the interstate movement of regulated articles from 
these previously regulated areas.

DATES: Interim rule effective August 28, 1995. Consideration will be 
given only to comments received on or before October 27, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-026-1, Regulatory Analysis and Development, PPD, APHIS, 
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 95-026-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Sidney Cousins, Senior Operations 
Officer, Domestic and Emergency Operations, PPQ, APHIS, Suite 4C03, 
4700 River Road Unit 134, Riverdale, MD 20737-1236, (301) 734-8247.

SUPPLEMENTARY INFORMATION:

Background

    The pink bollworm, Pectinophora gossypiella (Saunders), is one of 
the world's most destructive pests of cotton. This insect spread to the 
United States from Mexico in 1917 and now exists throughout most of the 
cotton-producing States west of the Mississippi River.
    The pink bollworm regulations, contained in 7 CFR 301.52 through 
301.52-10 (referred to below as the regulations), quarantine certain 
States and restrict the interstate movement of regulated articles from 
regulated areas in quarantined States for the purpose of preventing the 
interstate spread of pink bollworm.
    Regulated areas for the pink bollworm are designated as either 
suppressive areas or generally infested areas. Restrictions are imposed 
on the interstate movement of regulated articles from both types of 
areas in order to prevent the movement of pink bollworm into 
noninfested areas.
    Prior to the effective date of this document, Clay, Crittenden, and 
Mississippi Counties in Arkansas were designated as suppressive areas. 
Based on 2 years of negative trapping surveys conducted by inspectors 
of Arkansas State and county agencies, and by inspectors of the Animal 
and Plant Health Inspection Service (APHIS), we have determined that 
pink bollworm no longer exists in portions of these counties. We are, 
therefore, removing those portions of these counties from the list of 
suppressive areas in Sec. 301.52-2a. The portions of the counties that 
remain listed as suppressive areas are described in the rule portion of 
this document.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment. Immediate action is 
warranted to relieve unnecessary restrictions on the interstate 
movement of regulated articles from areas where the pink bollworm no 
longer exists.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make it 
effective upon publication in the Federal Register. We will consider 
comments that are received within 60 days of publication of this rule 
in the Federal Register. After the comment period closes, we will 
publish another document in the Federal Register. It will include a 
discussion of any comments we receive and any amendments we are making 
to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review 
process required by Executive Order 12866.
    This regulation relieves restrictions on the interstate movement of 
regulated articles from certain previously regulated areas in Arkansas. 
There are 571 cotton related commercial activities in the three 
counties, including cotton producers, cotton gins, seed storage 
facilities, and cotton harvesting and equipment dealers. Approximately 
90 percent are small entities according to standards set by the Small 
Business Administration. They will experience a modest economic benefit 
as a result of this rule, since they will no longer be required to 
comply with the treatment and handling requirements contained in the 
pink bollworm regulations. We estimate that affected entities will save 
between $1.52 to $2.28 per cotton bale for current treatments and about 
$250 per piece of harvesting equipment for current fumigations.
    Further, since the total production of cotton and cottonseed by the 
affected counties is less than 3 percent of the U.S. production of 
cotton, the effect on national prices is expected to be insignificant.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to 

[[Page 44416]]
Executive Order 12372, which requires intergovernmental consultation 
with State and local officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.
Paperwork Reduction Act

    This rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 
et seq.).

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.
    Accordingly, 7 CFR part 301 is amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for part 301 continues to read as 
follows:

    Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and 
164-167; 7 CFR 2.17, 2.51, and 371.2(c).

    2. In Sec. 301.52-2a the entry for Arkansas is revised to read as 
follows:


Sec. 301.52-2a  Regulated areas; suppressive and generally infested 
areas.

* * * * *

Arkansas

    (1) Generally infested area. None.
    (2) Suppressive area.
    Clay County. That portion of the county bounded by Highway 90 
west from the Missouri State line to Highway 139, Highway 139 north 
to the junction of Highways 62 and 1, and Highway 1 east to the 
Missouri State line.
    Crittenden County. T. 8 N., R. 8 E.
    Mississippi County. That portion of the county bounded by 
Highway 120 west from the Mississippi River to Highway 61, Highway 
61 south to Highway 158, Highway 158 west to Highway 77, Highway 77 
north to Highway 119, and Highway 119 north to the Missouri State 
line.
* * * * *
    Done in Washington, DC, this 21st day of August 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-21188 Filed 8-25-95; 8:45 am]
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